Middlesex Massachusetts Submission to Arbitration of Dispute between Building Construction Contractor and Owner

State:
Multi-State
County:
Middlesex
Control #:
US-02640BG
Format:
Word; 
Rich Text
Instant download

Description

A submission agreement is a contract in which the parties agree to submit a particular existing controversy to arbitration and to abide by the award of the arbitrator or arbitration panel. The agreement is governed by the rules applicable to contracts generally, and consideration is supplied by the mutual covenants of the parties to be bound by the award rendered.

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FAQ

Arbitration is an out-of-court method for resolving a dispute between a worker and an employer. Arbitration takes place in front of a neutral decision-maker called an arbitrator (or in some cases, a group or panel of arbitrators) who will listen to each side and make a decision about the case.

Many of these construction disputes are resolved through arbitration, which is a process by which the parties in dispute, instead of going to court to resolve the matter, agree to submit their case to a third-party neutral, known as the arbitrator, who acts as a judge and jury.

5 Ways to Resolve a Dispute With Your Contractor Check Your Contract. The first step to resolving any dispute with a contractor is to carefully review your contract.Communicate and Negotiate.Mediation.Arbitration.Go to Court.Key Takeaways.

Following are the top 10 pros and cons of mandatory arbitration. COSTS. Pro: Unlike court litigation, it's not necessary to hire a lawyer to pursue a claim in arbitration.TiME.THE DECISION-MAKER.EVIDENCE.DISCOVERY.PRIVACY.JOINING THIRD PARTIES.APPEAL RIGHTS.

Arbitration is often the required means of dispute resolution in construction contracts. Parties to the agreement choose arbitration because they want disputes resolved quickly, efficiently, and in a cost-effective manner.

To give you an idea of the process that arbitration typically involves, the American Arbitration Association describes artibtration as having five main steps: Filing and initiation.Arbitrator selection.Preliminary hearing.Information exchange and preparation.Hearings.Post hearing submissions.Award.

Arbitrations usually involve one or more hearings before the tribunal, where the parties' lawyers put forward arguments and question the other party's witnesses and experts. Hearings can last from half a day to many weeks or even months depending on the issues at stake.

There are many types of dispute resolution processes, but arbitration; mediation; and negotiation are the three most common types of alternative dispute resolution.

Some of the most common methods for contract dispute resolution include: Mediation. Mediation is a process in which both parties involved in a dispute agree to meet with a neutral, third-party mediator often another attorney or a retired judge.Arbitration.Collaborative Law.Traditional Litigation.

Traditionally, senior lawyers, engineers or other construction professionals are appointed as arbitrators in construction disputes. A validly appointed arbitrator has jurisdiction to determine those matters referred to the arbitrator in the notice of dispute and within the scope of the arbitration agreement.

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Middlesex Massachusetts Submission to Arbitration of Dispute between Building Construction Contractor and Owner